COURT FILE NO.: FS-21-23026
DATE: 20210512
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
S.K.
Applicant
– and –
V. V.
Respondent
Counsel:
Shelly Kalra, for the Applicant
Maryam Manteghi, for the Respondent
HEARD: In Writing
Pinto J.
SUPPLEMENTARY REASONS FOR DECISION
Overview
[1] In my Reasons for Decision dated May 10, 2021 (S.K. v. V.V., 2021 ONSC 3434), I requested written submissions on the issue of who could, on a temporary basis, supervise the mother’s parenting time of N (the parties’ six-month old son) and what in-person and virtual parenting schedule was being proposed.
Father’s Proposal
[2] The father proposed the following virtual parenting time for the mother:
• Every Monday at 7:00 p.m. for 15 minutes. • Every Tuesday at 9:00 a.m., 2:00 p.m. and 7:00 p.m. for 15 minutes each. • Every Wednesday at 7:00 p.m. for 15 minutes. • Every Thursday at 9:00 a.m., 2:00 p.m. and 7:00 p.m. for 15 minutes each. • Every Friday at 7:00 p.m. for 15 minutes. • Every Saturday at 9:00 a.m., 2:00 p.m. and 7:00 p.m. for 15 minutes each. • Every Sunday at 7:00 p.m. for 15 minutes.
[3] The father proposed the following in-person parenting time for the mother with certain stipulations:
a) In the absence of CAS being able to supervise parenting time that the father’s sister, T, be the supervisor. b) The mother’s friend, DB, may join T if D wishes, but D may not supervise the mother’s in-person parenting by herself. c) The mother’s in-person parenting should occur in the community such as at a park or playground. d) The in-person parenting schedule be every Monday, Wednesday, Friday and Sunday from 2:00 p.m. to 4:00 p.m.
Mother’s Proposal
[4] The mother submitted that T, the applicant’s sister, is not appropriate as a supervisor as she is not a neutral party and has been cautioned by the police not to make contact with the mother.
[5] The mother proposes that her in-person parenting time be supervised by her friend DB and/or by “a private parenting time supervisor through Renew Supervision paid for by the father”.
[6] The mother proposes that Ms. B sleep over when the mother has overnight parenting time and the private supervisor can “supervise parenting time and facilitate exchanges at the matrimonial home as per the schedule below:
• Every Sunday at 12 p.m. (drop off) until Wednesday at 12:00 p.m. (pick-up). • Every Thursday, Friday and Saturday from 12:00 p.m. (drop off) to 3:00 p.m. (pick-up) facilitated by the private supervisor.
Decision
[7] As this is already a high conflict situation, I do not want to risk escalating the conflict by having T, the father’s sister, involved in supervision at least until supervision can be more fully discussed at the urgent Case Conference. It is also unclear to me, based on the motion materials presented, what caution was supposedly provided by the police to T in respect of contact with the mother.
[8] I am not prepared to allow overnight parenting at this time. It presents a number of logistical and other challenges and puts a great deal of pressure on whoever is supervising the mother’s overnight parenting time.
[9] I am also uncomfortable with the mother’s proposal for multi-day in-person parenting time given my ruling on the motion and at a time when there is still no clarity on the mother’s mental health condition or treatment.
[10] If the mother’s in-person parenting time is supervised, I do not see why it cannot be in the matrimonial home. We are dealing with a six-month old and it would be burdensome to require that in-person parenting only occur in a community and/or outdoor setting.
[11] There is no perfect way to proceed. Mine is a temporary decision issued to assist the parties get to the urgent Case Conference or, failing any resolution there, the next motion.
[12] It appears that both parties consider Ms. B an appropriate supervisor, albeit the father has some concerns about Ms. B supervising by herself. Based on the parties’ submission, I am prepared to allow Ms. B alone to supervise the mother’s in-person parenting time of N, including at the matrimonial home. As well, if Renew Supervision can provide a supervisor, that individual, either alone or in combination with Ms. B, is acceptable to conduct supervision.
[13] Practically, as I understand that the mother has no ability to pay for the costs of Renew Supervision, and based on an assumption that Renew Supervision charges around $50 per hour for supervision, I would set a maximum contribution of $150 per week that the father is responsible for paying directly to Renew Supervision for its services.
[14] As for the virtual and in-person parenting schedule, I order that the mother’s parenting schedule be as follows:
Virtual Parenting Time
• Every Monday at 7:00 p.m. for 15 minutes. • Every Tuesday at 9:00 a.m., 2:00 p.m. and 7:00 p.m. for 15 minutes each. • Every Wednesday at 7:00 p.m. for 15 minutes. • Every Thursday at 9:00 a.m., 2:00 p.m. and 7:00 p.m. for 15 minutes each. • Every Friday at 7:00 p.m. for 15 minutes. • Every Saturday at 9:00 a.m., 2:00 p.m. and 7:00 p.m. for 15 minutes each. • Every Sunday at 7:00 p.m. for 15 minutes.
In-Person Parenting Time
Every Monday, Wednesday, Friday and Sunday from 2:00 p.m. to 4:00 p.m. supervised by DB, alone, or by a Renew Supervision supervisor (alone), or by D and a Renew Supervisor together.
[15] There shall be no costs in respect of the written submissions concerning the mother’s parenting time.
[16] The parties shall provide forthwith a single Draft Order approved as to form and content encompassing the actionable provisions of my May 10 and May 12 decisions.
Pinto J.
Released: May 12, 2021
COURT FILE NO.: FS-21-23026 DATE: 20210512
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
S.K.
Applicant
– and –
V. V.
Respondent
REASONS FOR JUDGMENT
Pinto J.
Released: May 12, 2021